The decision of the sole founder to grant leave to the director. If the organization is a joint stock company

The director is going on vacation, and the organization is left without leadership? In this situation, it is necessary not only to issue an order for the general director’s leave, but also to temporarily perform his duties by another employee. Read the article about how to do all this correctly.

From the article you will learn:

General Director's leave

Every employee of the organization has the right to leave. The General Director, in turn, in addition to being the sole executive body of the company and exercising its leadership, just like all other employees, has the status of an employee of the organization.

Thus, the general director has a dual status: he simultaneously represents the interests of the organization, including in relations with employees, and he himself, in turn, is an employee of the company.

Having the status of an employee, the general director enjoys all the rights that labor legislation establishes for employees.

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Labor regulation of managers:

Special features of labor regulation for managers are provided for in Chapter 43 of the Labor Code of the Russian Federation. This section of the Labor Code of the Russian Federation names special rules that apply only to the heads of the organization. In particular, additional grounds are provided for termination of an employment contract or special rules for a manager working part-time.

But in general, the head of an organization has the same rights as any other employee, including the right to annual paid leave.

Duration of CEO's leave

The head of the organization, along with other employees, has the right to annual paid vacation standard duration is 28 calendar days. This general rule is provided for in Article 115 of the Labor Code of the Russian Federation.

Labor legislation does not establish any specifics regarding the duration or procedure for granting leave to the general director.

Reflection of the CEO's vacation to the vacation schedule

In practice, the question often arises about the need to include manager's leave organization in the vacation schedule. It is worth noting here that, just like the annual vacation of any other employee, the director’s vacation must be included in the vacation schedule. This rule does not contain any exceptions for the manager.

Therefore, when drawing up a document, be sure to include periods annual holiday General Director

Vacation schedule

Reference. We remind you that the vacation schedule for the next calendar year must be drawn up no later than two weeks before the end of the corresponding year. This rule is established by Article 123 of the Labor Code of the Russian Federation. We recommend that you do not delay preparing the 2018 vacation schedule until the last minute and start collecting information and drawing up the document as early as November 2017 to avoid unnecessary haste.

Just like any other employee, in order to be granted leave, you must issue an order for the general director’s leave. A sample document is provided below.

Let us note that in general, the director’s vacation order does not have any special features, but we will talk about the form of the document and its signing below.

Sample leave order for director

The general director's leave order is drawn up according to general rules. So, if an organization uses unified forms, the document is drawn up according to Form No. T-6.

At the same time, the use of unified forms of documents is currently not mandatory. Therefore, the order can be drawn up in an independently developed and approved form.

Sample order for leave of the general director

Order on assigning duties to the General Director during his vacation

An important feature when the general director uses annual leave will be the need to assign to another employee the responsibility for managing the organization, that is, for fulfilling the duties of a temporarily absent manager.

The fact is that during the absence of the manager, you will still need to sign documents and make certain organizational decisions. In this regard, if the manager plans to go on a full-fledged vacation rather than a short-term one, the duties of the general director should be assigned to another employee of the organization.

Most often, during the period of vacation or other absence from work of the general director, his duties are performed by a deputy. In this case, the responsibility to perform the functions of a manager is already spelled out in employment contract or employee job description.

In such a situation, the deputy manager “automatically” performs the duties of the general director. At the same time, just the fact that a manager is absent to perform his duties is not enough. Needs to be published order on the temporary assignment of the duties of the General Director to his deputy.

At the same time, the manager may not have a deputy. In this regard, the duties of the general director during his absence may be entrusted to another employee.

In this case, you will need to draw up an additional agreement to the employment contract, which must indicate:

  1. work of the position, its content and volume;
  2. the amount of additional payment for temporary replacement of professions (positions);
  3. the period during which the employee will perform additional work.

And on the basis of an additional agreement, an order on temporary performance of duties (temporary replacement) should be issued. The legislation does not provide for a standard form of such a document. Therefore, the document is drawn up in any form.

The order must reflect:

data of the employee who is entrusted with the functions of the director;

what kind of powers is vested in the employee? If the employee’s powers are limited to certain actions, all of them must be listed in the order;

amount of additional payment for temporary replacement of a manager.

Let us remind you that mandatory additional payment is provided for performing the duties of a temporarily absent employee during temporary replacement (Article 60.2 of the Labor Code of the Russian Federation).

Please note that in addition to the order, you will need to issue a power of attorney to the employee replacing the manager. This document is necessary to confirm authority before third parties: counterparties, government agencies. The power of attorney should also indicate the powers vested in the employee replacing the director, as well as the validity period of the power of attorney.

This power of attorney is signed directly by the general director of the organization.

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The head of the company, like any other employee, has the right to annual holidays, according to Article 122 of the Labor Code of the Russian Federation. Do I need to write a leave application to the general director, is there a sample? Let's look at the legal subtleties on these issues.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Legislative regulation

Otherwise, the constituent assembly must select an acting officer and issue an order for his appointment. The main thing is to notify the tax authorities about this (application on form 14001) and the bank with which the company cooperates.

Power of attorney

This document is drawn up when the director there is a need to delegate some of the powers. This is done during vacations, long business trips, or when the director continues to work, but other employees require part of his powers.

The completed document must include the following information:

  • Name of organization and full name of gen. director.
  • Passport details, full name, position of the employee who is replacing the head.
  • Complete list of powers.
  • The validity period of the document and the possibility of its extension (if there is no specific expiration date, then the power of attorney is valid for a year).
  • Date of drawing up the power of attorney and signature of the manager.

Sample power of attorney:

Every employee of an organization has the right to rest, and the director is no exception. That's right enshrined in the legislation of the Russian Federation. The Labor Code not only provides the right, but also provides clear information on how to use it.

The head of an organization is an official with his own responsibilities and powers that are decisive for the implementation of the financial and economic activities of the company. But, like any other employee, he can get sick, go on vacation, or go on a business trip on company business.

The daily circulation of documentation of the enterprise requires the signature of the manager. The right to do this, according to current legislation, only has the sole executive body - the director. But the manager can delegate his powers to a trusted person during his absence.

Who signs the documents if the director is on vacation, he decides for himself. Basically, such a person is his deputy, but responsibilities can be transferred to another person. Here we are talking about combination, so the consent of the company employee to this, drawn up using an additional agreement to the employment contract, will be required.

Can the general manager transfer his rights?

Director is the sole executive body of an enterprise (institution), acting on behalf of the organization without a power of attorney. If he goes on vacation, then the transfer of all responsibilities must be documented. If the general manager has a full-time deputy, then his powers will most likely be entrusted to him.

The main function of the deputy is to replace the first person of the company during his absence, but he can begin to perform his official duties only on condition of vacation, illness or business trip of the director.

If there is no such position in the staffing table, then the powers of the executive body can be assigned to another part-time employee of the enterprise. To delegate the duties of the director, an order is issued to appoint an interim director.

It is not prohibited by law to invite an outsider during the absence of the chief executive of the enterprise. In this case, he will be able to begin fulfilling his duties on the basis of a fixed-term employment contract (LLC Article 23). It is also possible to temporarily transfer an employee to a managerial position, but this is a rather complicated procedure and is therefore rarely used in practice.

Mandatory formalities

During his absence, the general director issues an appropriate order, on the basis of which the official will perform his duties during his vacation or business trip.

What papers should you prepare?

During a manager's vacation, his powers are assigned to another official by means of an order.

There is no standard form, but the document must necessarily contain the following basic details:

  • place and date of compilation;
  • name of company;
  • "text" of the document;
  • position, initials of the person signing the order;
  • signature.

At the bottom of the document there is a separate line - “I have read the order.” If he agrees, the employee signs and indicates the date.

According to the Labor Code and Art. 33 transfer of an employee to another position for a time not stipulated by the contract is permitted only with his permission.

The employee replacing the manager is relieved of his immediate duties for this period of time. If necessary, the order must also indicate who will be entrusted with its powers. As well as the amount of additional payment due to the deputy for temporarily replacing the manager.

The employee’s order and report card for work is the basis for calculating the deputy’s wages. Can the amount of material compensation be set independently by the director - no, since it is provided for by the internal regulations of the enterprise. No additional payment is provided for full-time deputies, unless otherwise specified in the company's charter.

What other documents should I prepare so that the company’s financial and economic activities do not stop? Of course, a power of attorney to delegate all or part of the director’s powers. It will be required if the charter does not provide for the transfer of responsibilities of the first person of the enterprise in his absence.

Sample of filling out powers of attorney

The document must be drawn up on the organization's letterhead with its details.

The power of attorney must indicate:

  • its validity period;
  • the date of recieving;
  • to whom the power of attorney was issued;
  • list of provided powers;
  • manager's signature.

If the document does not have a validity period, then it is valid only for a year from the date of execution.

The sample form must contain the date of preparation, the director’s signature and seal, if available.

Without a power of attorney in the absence of the general manager, the enterprise will not be able to fully conduct financial and economic activities:

  • payment of wages, sick leave and vacation pay will be suspended;
  • the temporary deputy will not be able to manage the organization’s material resources;
  • make sales or purchases;
  • enter into important agreements;
  • sign documents.

The director of the company can revoke the power of attorney at any time. The employee himself has the right to refuse it, but only if it is not irrevocable (Civil Code of the Russian Federation p. 188.1). Its effect can only be suspended in certain situations.

Cases of absence due to maternity leave

The general manager is the legal representative of the enterprise, acting on its behalf in the tax office and other regulatory authorities. The Civil Code of the Russian Federation does not provide that during temporary disability or vacation, the duties of the director of the company, as a sole body, are removed from him. That is, maternity leave is not the reason for the termination of the powers of the first person of the organization.

This means that an executive can certify company tax returns even if he or she is on parental leave. On the other hand, the actual performance of duties involves the calculation of salaries. Refusal to provide material compensation to a person performing his direct official functions is a violation of the Labor Code of the Russian Federation.

Based on Federal Law No. 225 of 2006, social benefits for pregnancy and further childbirth are provided to an individual in the event of loss of permanent income. In this regard, there is no basis for calculating social benefits. But the law provides for the performance of labor duties on a part-time basis, while retaining the right to receive a monthly child benefit (Labor Code of the Russian Federation 256 Art. 3).

But, for pregnancy and childbirth, such an opportunity is not provided for by law. Therefore, the period of time when an employee should rest, but still perform his duties, can be attributed to the period of actual work.

Who is required to sign documents if the director went on vacation?

In order for the company to continue to operate during the absence of the general manager, make sales and purchases of goods, pay wages, sick leave and vacation pay, he must transfer to his deputy the right to manage the company’s funds.

The delegation process is formalized by a power of attorney or order. If there is no sample signature of the acting director on the bank form, then you will need to issue a temporary card. This procedure is provided for by Instruction No. 28-I of the Central Bank of the Russian Federation of 2006 “On closing and opening accounts and deposits.”

Remote business management

Who signs the documents if the director is on vacation, this question can be answered somewhat differently. Perhaps, during his vacation, the manager will not want to transfer his responsibilities to another official. It is not prohibited by law to exercise one’s powers while on vacation, so the head of the enterprise has every right to do so.

The presence of the first person of the company on vacation does not relieve him, in the absence of a temporary deputy, from performing the duties assigned to him. And this fact will not be considered a mitigating circumstance, for example, in the case of non-payment of wages to employees of the organization.

But, if the general manager went on vacation and appointed by order a deputy to temporarily perform his duties, but signs some documents on his own, some problems may arise. Since he delegated his powers, counterparties can challenge the agreement he concluded.

Courts very often satisfy such claims and recognize such a transaction as invalid, explaining this by the fact that if the first person of the enterprise transferred responsibilities to a deputy, he temporarily lost his rights. This is logically quite understandable. But the judicial authorities may act differently, according to the Civil Code of the Russian Federation, Art. 183 and not recognize such a transaction as unlawful if the organization has fulfilled the agreement.

Therefore, before going on vacation, you need to think through everything thoroughly and delegate only part of your powers, which the deputy director has the right to perform during his absence. But, if the manager plans to go on a long trip, the best solution is to retire completely to avoid further problems. And begin your duties after your vacation.

What is the difference between VRIO and IO

Before deciding on the difference between these two concepts, it is necessary to give them a detailed definition:

Acting A form of temporary replacement of an employee, when the employee is assigned specific powers, for which he is charged the difference between salaries, according to the staffing table of the actual and main position. But he performs the duties assigned to him only during the vacation, illness or business trip of the main employee and upon his return he begins his immediate duties.
AND ABOUT A form in which positions are combined and an employee of the enterprise performs the duties assigned to him until another person is appointed to the vacant position. The employee is not released from performing his direct functions, and the combination is not marked in the work book. When the main employee returns, he again moves to his main place of work.

What is the difference between VRIO and IO?

The legal definition is laid down in Art. 151 and 74 of the Labor Code of the Russian Federation, and their provisions have been repeatedly tested in practice. That is, an interim official is appointed to a specific position with release from previous duties. The position occupied by the official is not vacant, therefore, the employee will work until the end of the vacation or sick leave of the main employee.

The EO is a part-time worker who is not relieved of his main functions and the position he occupies is vacant.

In practice, very often these two definitions are not distinguished from each other. Material remuneration is provided in the event that the acting official is not a full-time deputy who cannot function as a manager without an appropriate order.

The main difference between IO and VRIO is the following:

And the main thing is responsibilities. Acting employees are directly transferred to another job, and another person works part-time.

The general director of an organization is a sole authority acting on behalf of the company without a power of attorney. During his absence, he has the right to delegate his rights to another official. If there is a deputy on staff, the duties of the director are transferred mainly to him, the execution of which he can begin only in the absence of the first person of the enterprise.

The manager has the right, on the basis of an order, to delegate his powers to another official, but only with his consent, since this is a combination by law. To avoid possible problems, all actions to transfer rights must be formalized in accordance with the law.

Annual planned leave must be provided to each employee according to the schedule drawn up by the enterprise. If an employee is sent to, then he should not fill out an application, as stated in the Labor Code, in Art. 123. But if you need to go on vacation suddenly, then you will have to fill out an application, because management must allow the employee unscheduled absence from work, regardless of whether he has a good reason or not.

It is still necessary to issue an order for an employee who is going on scheduled or unscheduled leave. To issue an order, the State Statistics Committee has approved form T-6.

The vacation order displays the employee’s full name, the name of the organization where he works, his position, and the period for which he is granted vacation (working year). The type of leave is also included in the order; it can be primary, additional, etc.

In addition, the order must indicate the number of days when the employee will be absent and the specific dates from which the vacation begins and ends. The order is drawn up by the responsible employee, most often an employee of the HR department, then it is signed by the director. The employee himself is also introduced to the order and signed.

The manager is a hired employee, therefore, in order to go on vacation, an order is also issued for him to provide the general director with annual paid leave. The only peculiarity of the order is that he signs it for himself.

Disputes often arise between personnel officers regarding the execution of such an order; many believe that a memo can be used as an administrative document. Others believe that issuing an order to a manager in the T-6 form is appropriate, since he is an employee like the rest.

In any case, it is possible to avoid claims from the labor inspectorate during an audit or the tax office if such a document is available in the enterprise’s document flow. When a director signs an order issued to himself, he may not sign in the “I have read the order” column.

Initial requirements

The main articles of the Labor Code, which stipulate the conditions for granting annual leave to employees, include 93, 114, and 115. It states that leave is provided while preserving the employee’s position (job) and average earnings. Moreover, the right to vacation is reserved for employees who work full-time, part-time, or hired for seasonal work; only the rest period changes.

Going on vacation is accompanied not only by filling out an order, you will also need:

  • annual leave schedule;
  • notice or statement;
  • note-calculation.

To prepare these documents, it is not necessary to use unified forms; you can use those developed independently.

The legislator's standard forms are intended for drawing up:

Additionally, a notification (notification) sent to the employee by the management of the enterprise may be required, or an application that he fills out himself; sometimes a medical certificate or other document is needed to confirm the current circumstances.

General rules by law

A director, like any other employee, needs annual paid leave in accordance with labor legislation. The order of vacations at the enterprise is developed and established by the personnel department. The employee is notified no later than 2 weeks in advance that he must go on vacation.

Based on the schedule, an order for planned leave is issued, which the employee is familiarized with. If he wishes to go on unscheduled leave, he writes a statement and, if necessary, submits documents. Then the order is issued on the basis of his application.

Letter of the Federal Service No. 1143-TZ states that the manager is required to sign orders regarding the labor and employment of employees of an enterprise, which means that he signs any order for leave, including for himself.

Based on the order, a calculation note is drawn up and vacation pay is paid 3 days or earlier before the date from which the vacation begins. In addition to the Labor Code, the activities of the head of the enterprise are regulated by other laws and internal regulations.

Thus, Federal Law No. 208 (December 26, 1995) states that the charter of a joint stock company may prescribe a different procedure for granting leave. For example, he must coordinate his vacation time with the board of directors or founders. Other provisions regarding the work activities of an employee hired for a managerial position may be specified in the charter.


When it is necessary

Leave to the manager is granted on a general basis, but the corporate rights of the enterprise are also taken into account. In addition to the fact that the manager is an employee, he also performs the duties of the sole executive body, for example, for a limited liability company or a joint stock company.

Issues related to the performance of his duties may include:

  • It is within the competence of a higher body, i.e. the board of directors or founders, which is reflected in advance in the charter. In such cases, the director cannot independently decide when to go on vacation and for what period. He can initiate consideration of the issue with the help of a statement. After a decision is made at the general meeting, it will be reflected in the minutes, based on the latter, an order is issued. But it is signed by the chairman of the meeting, and not by the leader himself. At the same time, the meeting participants must decide who will replace the director during his vacation.
  • In another case, when the provision on the director’s leave is not specified in the charter, he independently decides this issue. In this case, he signs a notification or notification approximately 2 weeks before the vacation that he is granted a planned vacation. An order is also drawn up, but in this case it is signed by the director himself.

It is necessary to take into account that often the vacation schedule does not indicate the date of going on vacation, but only the month. Then this organizational issue is regulated with the employee himself, in this case, the director, and he is obliged to fill out an application on his behalf, indicating the exact start date of the vacation. In another case, mandatory application is provided when you need to go on unscheduled leave.

Notices and Statements

A notice (notification) is a special document with the help of which an employee is notified that in 2 weeks he must go on a planned well-deserved vacation. The document is official on behalf of the management of the enterprise; it must contain information about specific vacation dates.

But notification can only be issued if an employee goes on a planned vacation. If an employee needs to go on unscheduled leave, he fills out an application, so there is no need to send him a notice.

If no notice has been given, the manager, like any other employee, may refuse the time provided for rest if it is not suitable for him. In this case, the refusal is formalized by a special act.

There is no unified form for drawing up a notification, but it indicates:

  • date of document execution;
  • Name;
  • employee details (full name, position);
  • main text;
  • date of delivery.

The main text conveys the idea that the company provides the employee with paid leave from such and such a date. The employee must confirm the fact of receipt of the document with his signature.

A notice or notice can also be understood as a statement, a draft order, an introductory sheet, or the same vacation schedule, which will have separate columns for employee signatures. In one he signs that he is familiar with the start date of the vacation, and in the other he puts the date when he was informed about it.

If, for example, the employer issues a notification in any form, along with an order, and familiarizes the employee with both documents 2 weeks before the start of the vacation, then the requirements of the Labor Code will be met.

The application, if the director wishes to go on unscheduled leave, should be submitted no later than 4 days before its start. This period is not clearly established by the legislator. But you should adhere to the deadline for accruing vacation pay by the accounting department, and they are paid 3 days before the start of the vacation.

Local regulations of a particular enterprise may provide clear deadlines for filing such applications. As stated above, an application is issued in the case when the director needs to go on unscheduled leave and he has the right to decide this issue independently. There is also no unified form approved by the legislator for the application; it is drawn up arbitrarily, but in each individual case the text should indicate what kind of leave the applicant is asking for - annual, unscheduled, child care, other.

The statement displays:

  • position and full name of the manager in whose name the petition is being drawn up;
  • name of the enterprise or its division (branch);
  • request to provide leave for a period of so many days;
  • specific start and end dates of the rest period;
  • date of document execution;
  • applicant's signature.

In practice, it is better to ask employees to fill out applications in any case, this makes it easier for the accounting department to control the calculation of vacation pay, because schedules often change. Regardless of the workload of the enterprise, an employee has the right to write an application for leave if he has grounds for doing so.

The company is obliged to accept the document for consideration, but this does not mean that leave will be granted. You can also submit an application to postpone the date of vacation, and if the document is sent by mail to the office of the enterprise, it will be automatically accepted as incoming correspondence. If the employer refuses leave for 2 years, then he can be subject to administrative penalties on the basis of the Code of Administrative Offenses.

The preparation of vacation schedules directly depends on the wishes of employees, which they express in their applications; in another case, how employees react to notifications - whether they agree with the information received or not.

Nuances of preparing an order to provide the general director with annual paid leave

The execution of any orders, including those for vacation, is accompanied by various nuances if they relate to the work activities of employees. After registration, information about the event must be entered into the labor report. The book is the main document to confirm your length of service, which will be taken into account when calculating your pension.

As stated above, the order in this case is drawn up in the following form:

The order is issued in any case, regardless of whether there was an application from the employee, whether the company sent a notification, or whether there was a schedule. The order is signed by the manager and the head of the personnel department.

It must be taken into account that an employee can be granted not only planned annual leave, but also others, for example:

For child care Usually, a woman first takes out prenatal leave, and then for child care until she is 1.5 years old and up to 3 years old.
Long-term, up to 1 year Education workers are entitled to it every 10 years. Payment based on average earnings is provided by the educational institution, which must be reflected in its charter.
Without maintenance or without maintaining salary, i.e. at your own expense The legislator speaks about such leave in Art. TC 128. It is provided in the presence of good reasons, difficult family circumstances and supporting documents. In this case, the duration of the vacation is determined by agreement of the parties.
Vacation before dismissal This cannot be done when an employer fires an employee for wrongdoing. In another case, you need to fill out a letter of resignation with a request to provide paid leave if it has not yet been “taken off.” In another case, the resigning employee will have to pay compensation, so the decision on the issue remains with the employer. The date of dismissal will be considered the first day of vacation.

Vacation is provided on the initiative of:

  • employer;
  • employee.

If the employee is not satisfied with the vacation period, he has the right to write a request for a postponement. In another case, if there is a production need, the employer may postpone the employee’s planned vacation by notifying him in advance. If this happens on the initiative of the employee, then the manager makes a corresponding entry on his application.

When the initiator is the employer, then an additional order to provide the general director with annual paid leave with other deadlines is not required; an entry can be made in the form for the T-7 vacation schedule, and when the time comes, an order can be issued in accordance with all the requirements.


The employee also has the right to extend vacation if he has grounds for this; he can inform the employer about this by telephone or by mail, and after returning to work, fill out a separate application. In this case, a separate order to extend the rest time is also not required.

There are also other nuances when placing an order:

  • for an employee who combines 2 positions, or works in the company at the main place and part-time, it is necessary to issue 2 separate orders;
  • if vacation that was not taken on time is transferred to the next working year, then this can be done due to production needs, it is provided according to the schedule or by agreement with management;
  • when planned leave at the employee’s request is provided in advance, the order indicates the period of time for which he will “take time off”;
  • other.

The same board of directors can recall a director from vacation; otherwise, the decision is made by the director himself. In both cases, a special order for early termination of leave is issued.

Mandatory points

There are a few things to keep in mind when making an order, such as what the procedure is, what role the schedule plays, how to delegate authority to another person, and how vacation benefits are calculated.

Procedure

The actions that are performed when issuing an order depend not only on the director, but also on the enterprise:

  1. If the charter states that the issue is resolved by a higher body, then the director draws up an application addressed to the chairman with a request to consider his going on vacation at a general meeting. The resolution of the issue is documented in the form of a protocol.
  2. At the same time, the issue of a deputy is resolved, which is also recorded in the protocol. A power of attorney is issued to the deputy and an order is issued to transfer powers to him. Without a power of attorney, only its immediate manager, appointed by the founders, can manage the enterprise.
  3. If the director has the right to decide on his own leave, he goes on it according to the schedule or after filing an application. In any case, an order is drawn up for him, which is signed by the manager himself. In the first case he receives a notice of leave, in the other he does not.
  4. The director also has the right to decide independently on the issue of replacement during vacation; he must approve the candidacy by a separate order.
  5. According to the calculation note, the director receives vacation pay, and his absence from the workplace is reflected in the accounting sheet. Information about the provision of leave is entered into the employee’s personal card.

Link to chart

The T-7 vacation schedule form is the same for enterprises with any form of ownership. The schedule is drawn up by the HR department and approved by the head of the enterprise and the head of the HR department. If the enterprise has a trade union, it also endorses the schedule.

The legislator does not oblige the employer to take into account the opinions of employees regarding the order of vacations, but each employee is required to notify each employee of going on vacation 2 weeks in advance. If desired, at any time, vacations are provided only to certain categories of employees (pregnant women, honorary donors, citizens under the age of 18).

If an employer invites employees to write vacation requests in advance, indicating the time of rest, it means that he wants to take their opinions into account, although he is not obliged. If desired, the employee can write an application to postpone the vacation or divide it into several parts, but these issues are resolved individually between him and the employer.

In total, the employee must “take time off” according to the Labor Code for the working year - 28 days if he works at his main place of work. If the labor inspectorate discovers that an enterprise does not have a planned vacation schedule for employees, this will be counted as a violation of the law.


Temporary transfer of powers

The manager delegates his authority during the vacation to his deputy or another employee of the enterprise. The issue is decided by him or the founders of the enterprise.

The purpose of the order is to approve the candidacy of the acting person for the transfer of powers to him, therefore it states:

  • Full name of the deputy;
  • responsibilities that the director delegates and he assumes;
  • the period during which he will act as director.

If there is already an approved deputy, then he is indicated in the order, and he is assigned the duties of the director for such and such a period. The amount of additional payment for this period is established for the deputy.

When the director does not have a deputy, he can choose any responsible employee at his discretion. Then it is necessary to draw up not only an order, but also an employment agreement for a certain period (vacation time).

The agreement is an addition to the employment contract under which the employee is already working. A power of attorney for a deputy must be issued in any case.

How to calculate benefits

To pay a vacationer, you need to draw up a settlement note when the vacation is paid. If an employee goes on leave without pay, he does not receive monetary compensation. The note is drawn up in form T-60, approved by the legislator.

On the two-sided bank, on the one hand, information about the employee and vacation dates are indicated, and on the other, accounting calculations for payment. Registration of the form is an obligation for any enterprise.

The calculation period is 12 months if the director has been working for the company for more than a year. Days of sick leave, business trips, personal time off and others must be deducted from the actual time. To calculate the amount of vacation pay, you need to take the director’s average daily salary and multiply it by the days actually worked during the year.

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